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EATON CORPORATION
Reference Guide & Price Book
WARRANTY
Two-Year Limited Warranty
(
continued)
COMPANY DOES NOT WARRANT EQUIPMENT NOT MANUFACTURED BY COMPANY. IF PERMITTED BY THE APPLICABLE MANUFACTURER,
COMPANY SHALL PASS THROUGH SUCH MANUFACTURER'S WARRANTIES TO END-USER.
COMPANY DOES NOT WARRANT SOFTWARE, INCLUDING SOFTWARE EMBEDDED IN PRODUCTS, THAT IS NOT CREATED BY COMPANY.
WITHOUT LIMITING THE FOREGOING, COMPANY SPECIFICALLY DOES NOT WARRANT SOFTWARE (SUCH AS LINUX) THAT WAS CREATED USING
AN “OPEN SOURCE” MODEL OR IS DISTRIBUTED PURSUANT TO AN OPEN SOURCE LICENSE.
THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY OFFERED BY COMPANY WITH RESPECT TO THE PRODUCTS AND SERVICES AND,
EXCEPT FOR SUCH FOREGOING WARRANTY COMPANY DISCLAIMS ALL OTHER WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. CORRECTION OF NON-
CONFORMITIES IN THE MANNER AND FOR THE PERIOD OF TIME PROVIDED ABOVE SHALL CONSTITUTE COMPANY'S SOLE LIABILITY AND END-
USER'S EXCLUSIVE REMEDY FOR FAILURE OF COMPANY TO MEET ITS WARRANTY OBLIGATIONS, WHETHER CLAIMS OF THE END-USER ARE
BASED IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE.
LIMITATION OF LIABILITY:
The remedies of the End-user set forth herein are exclusive and are the sole remedies for any failure of Company to
comply with its obligations hereunder. In no event shall Company be liable in contract, in tort (including negligence or strict liability) or otherwise
for damage to property or equipment other than the Products, including loss of profits or revenue, loss of use of Products, loss of data, cost of
capital, claims of customers of the End-user or any special, indirect, incidental or consequential damages whatsoever. The total cumulative liability
of Company hereunder whether the claims are based in contract (including indemnity), in tort (including negligence or strict liability) or otherwise,
shall not exceed the price of the Product on which such liability is based.
Company shall not be responsible for failure to provide service or parts due to causes beyond Company's reasonable control.
END-USER'S OBLIGATIONS:
In order to receive the benefits of this Warranty, the End-user must use the Product in a normal way; follow the
Product's operation and maintenance manual; and protect against further damage to the Product if there is a covered defect.
OTHER LIMITATIONS:
Company's obligations under this Warranty are expressly conditioned upon receipt by Company of all payments due to it
(including interest charges, if any). During such time as Company has not received payment of any amount due to it for the Product, in accordance
with the contract terms under which the Product is sold, Company shall have no obligation under this Warranty. Also during such time, the period
of this Warranty shall continue to run and the expiration of this Warranty shall not be extended upon payment of any overdue or unpaid amounts.
COSTS NOT RELATED TO WARRANTY:
The End-user shall be invoiced for, and shall pay for, all services not expressly provided for by the terms
of this Warranty, including without limitation, site calls involving an inspection that determines no corrective maintenance is required. Any costs
for replacement equipment, installation, materials, freight charges, travel expenses or labor of Company representatives outside the terms of this
Warranty will be borne by the End-user.
OBTAINING WARRANTY SERVICE:
In the USA, call the Customer Reliability Center 7x24 at 800-843-9433. Outside of the USA, contact your local
Powerware product sales or service representative, or call the Customer Reliability Center in the USA at 919-870-3028. For comments or questions
about this Warranty, write to the Customer Quality Representative, 3301 Spring Forest Road, Raleigh, North Carolina 27616 USA
